J-S81033-16 

NON -PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 

COMMONWEALTH OF PENNSYLVANIA 1 IN THE SUPERIOR COURT OF 

PENNSYLVANIA 

Appellee 

v. 

CHARLES RASHAWN BROWN 

Appellant No. 137 EDA 2016 

Appeal from the PCRA Order December 14, 2015 

In the Court of Common Pleas of Philadelphia County 

Criminal Division at No(s): CP- 51 -CR- 0008440 -2008 

BEFORE: BOWES, J., MOULTON, J., and STEVENS, P.J.E.* 

MEMORANDUM BY STEVENS, P.J.E.: FILED NOVEMBER 08, 2016 

Appellant appeals pro se from the order entered in the Court of 

Common Pleas of Philadelphia County dismissing his petition filed pursuant 

to the Post Conviction Relief Act ( "PCRA "), 42 Pa.C.S.A. §§ 9541 -46. We 

affirm. 

The relevant facts and procedural history are as follows:1 On October 

23, 2008, Appellant entered a negotiated guilty plea to the charges of 

aggravated assault, conspiracy, firearms not to be carried without a license, 

* Former Justice specially assigned to the Superior Court. 

1 The record provided to this Court is sparse. As court -appointed PCRA 

counsel indicated in the lower court, "the Quarter Sessions file was 

misplaced, and the clerks did their best to reconstruct the file." PCRA 

Counsel's No -Merit Letter, filed 10/17/15, at 1. Appellant has raised no 

issue concerning the accuracy of the record provided to this Court and has 

not sought to supplement the record. 
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and possession of an instrument of crime.2 On that same date, in 

accordance with the plea agreement, Appellant was sentenced to an 

aggregate of five years to ten years in prison, to be followed by seven years 

of probation. Appellant did not file timely post- sentence motions nor a direct 

appeal. 

On May 18, 2012, Appellant filed a pro se PCRA petition,3 and the 

PCRA court appointed counsel. On October 17, 2015, counsel filed a motion 

to withdraw his representation, as well as a Turner /Finley4 no -merit letter. 

The PCRA court provided Appellant with notice of its intent to dismiss the 

petition, and after receiving no response, by order entered on December 14, 

2015, the PCRA court dismissed Appellant's PCRA petition. The PCRA court 

also granted counsel's petition to withdraw his representation. This timely 

pro se appeal followed. The PCRA court did not direct Appellant to file a 

Pa.R.A.P. 1925(b) statement; however, the PCRA court filed a Pa.R.A.P. 

1925(a) opinion explaining that Appellant's PCRA petition was untimely filed 

without meeting any of the timeliness exceptions. 

2 18 Pa.C.S.A. §§ 2702, 903, 6106, and 907, respectively. 

3 Although Appellant's pro se PCRA petition was docketed on May 21, 2012, 

the prison envelope in which Appellant's petition was mailed bears a time 

stamp of May 18, 2012. Accordingly, pursuant to the prisoner mailbox rule, 

we deem Appellant's instant PCRA petition to have been filed on May 18, 

2012. See Commonwealth v. Patterson, 931 A.2d 710 (Pa.Super. 2007) 

(discussing the prisoner mailbox rule). 4 Commonwealth v. Turner, 518 Pa. 491, 544 A.2d 927 (1988), and 

Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988) (en banc). 

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Preliminarily, we must determine whether Appellant's instant PCRA 

petition was timely filed. See Commonwealth v. Hutchins, 760 A.2d 50 

(Pa.Super. 2000). "Our standard of review of the denial of PCRA relief is 

clear; we are limited to determining whether the PCRA court's findings are 

supported by the record and without legal error." Commonwealth v. 

Wojtaszek, 951 A.2d 1169, 1170 (Pa.Super. 2008) (quotation and 

quotation marks omitted). 

Pennsylvania law makes it clear that no court has jurisdiction to hear 

an untimely PCRA petition. Commonwealth v. Robinson, 575 Pa. 500, 

837 A.2d 1157 (2003). The most recent amendments to the PCRA, effective 

January 19, 1996, provide that a PCRA petition, including a second or 

subsequent petition, shall be filed within one year of the date the underlying 

judgment becomes final. 42 Pa.C.S.A. § 9545(b)(1). A judgment is deemed 

final "at the conclusion of direct review, including discretionary review in the 

Supreme Court of the United States and the Supreme Court of Pennsylvania, 

or at the expiration of the time for seeking review." 42 Pa.C.S.A. § 

9545(b)(3). 

The three statutory exceptions to the timeliness provisions in the PCRA 

allow for very limited circumstances under which the late filing of a petition 

will be excused. 42 Pa.C.S.A. § 9545(b)(1). To invoke an exception, a 

petition must allege and the petitioner must prove: 

(i) the failure to raise a claim previously was the result of 

interference by government officials with the 

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presentation of the claim in violation of the Constitution 

or the law of this Commonwealth or the Constitution or 

law of the United States; 

(ii) the facts upon which the claim is predicated were 

unknown to the petitioner and could not have been 

ascertained by the exercise of due diligence; or 

(iii) the right asserted is a constitutional right that was 

recognized by the Supreme Court of Pennsylvania after 

the time period provide in this section and has been 

held by that court to apply retroactively. 

42 Pa.C.S.A. § 9545(b)(1)(i)- (iii). 

"We emphasize that it is the petitioner who bears the burden to allege 

and prove that one of the timeliness exceptions applies." Commonwealth 

v. Marshall, 596 Pa. 587, 596, 947 A.2d 714, 719 (2008) (citation 

omitted). 

In the case before us, Appellant was sentenced on October 23, 2008, 

and he filed neither a timely post- sentence motion nor a direct appeal. 

Accordingly, his judgment of sentence became final on Monday, November 

24, 2008,5 upon the expiration of the thirty -day period for filing an appeal to 

this Court. 42 Pa.C.S.A. § 9545(b)(3); Pa.R.A.P. 903(a). Accordingly, he 

had one year from that date, or until November 24, 2009, to file a timely 

PCRA petition. See 42 Pa.C.S.A. § 9545(b). However, Appellant did not file 

5 The thirtieth day after sentencing, November 22, 2008, fell on a Saturday, 

thus extending the time for appealing to this Court to Monday, November 

24, 2008. See 1 Pa.C.S.A. § 1908. 

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his PCRA petition until May 18, 2012, and thus, it is patently untimely. See 

42 Pa.C.S.A. § 9545(b)(1). 

Nevertheless, Appellant suggests that his sentence is illegal,6 and thus, 

he is not subject to the PCRA's time restrictions. However, our Supreme 

Court has held specifically that, "[a]lthough legality of sentence is always 

subject to review within the PCRA, [legality of sentencing] claims must still 

first satisfy the PCRA's time limits or one of the exceptions thereto." 

Commonwealth v. Fahy, 558 Pa. 313, 737 A.2d 214, 223 (1999). 

In the case sub judice, Appellant has not invoked any of the applicable 

exceptions to the PCRA, and therefore, we agree with the PCRA court that 

Appellant's instant petition was untimely filed. 

Affirmed. 

6 We note that Appellant's pro se brief falls well below the standards 

delineated in the Pennsylvania Rules of Appellate Procedure. See Pa.R.A.P. 

2111(a). "[A]lthough this Court is willing to construe liberally materials filed 

by a pro se litigant, pro se status generally confers no special benefit upon 

an appellant. Accordingly, a pro se litigant must comply with the procedural 

rules set forth in the Pennsylvania Rules of Court." Commonwealth v. 

Lyons, 833 A.2d 245, 251 -52 (Pa.Super. 2003) (citations omitted). 

Although we could quash or dismiss this appeal for Appellant's failure to 

conform materially to the requirements set forth in our Rules of Appellate 

Procedure, see Pa.R.A.P. 2101, we will address Appellant's argument 

regarding the timeliness of his PCRA petition to the extent we can discern it. 

See Commonwealth v. Adams, 882 A.2d 496, 498 (Pa.Super. 2005) 

(declining to quash appeal despite numerous substantial defects in 

appellant's brief). 

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Judgment Entered. 

J seph D. Seletyn, 

Prothonotary 

Date: 11/8/2016 

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